1:19-cv-00285•Short et al v. Federal Highway Administration et al
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SANDRA SHORT, A/K/A/ SANDY SHORT, DAVID SHORT, A/K/A/ DAVE SHORT, SARAH SARBACKER, AND DONALD SHORT, A/K/A/ DON SHORT, Plaintiffs, v. FEDERAL HIGHWAY ADMINISTRATION, Defendant, BILLINGS COUNTY, NORTH DAKOTA, AND NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Intervenor-Defendants. Case No. 1:19-cv-285-DMT-CRH PROPOSED JOINT SCHEDULING PLAN Plaintiffs Sandra Short, David Short, Sarah Sarbacker, and Donald Short (“Plaintiffs”); defendant Federal Highway Administration (“FHWA”); and intervenor- defendants, Billings County, North Dakota (“the County”), and the North Dakota Department of Transportation (“NDDOT”)(collectively, Plaintiffs, FHWA, the County, and NDDOT are referred to as the “Parties”), through undersigned counsel, submit this Proposed Joint Scheduling Plan. Throughout May and June 2021, counsel for the Parties conferred and agreed as follows: Case 1:19-cv-00285-DMT-CRH Document 46 Filed 07/06/21 Page 1 of 6
2 NO DISCOVERY, PRE-TRIAL, OR TRIAL-RELATED PROCEDURES ARE WARRANTED IN THIS CASE No Fed. R. Civ. P. 16 conference is required because this action is an appeal of an administrative agency decision. D.N.D. Civ. L.R. 16.1(7). The Parties agree that as an Administrative Procedure Act action, this case can be resolved on cross-motions for summary judgment, based on the administrative record FHWA filed conventionally with the Court. See Doc. 28. References to the administrative record in the Parties’ filings shall use the Bates-stamped numbers on the documents. PROPOSED SCHEDULE FOR SUMMARY JUDGMENT BRIEFING The Parties propose the following schedule for briefing on cross-motions for summary judgment. 1. On or before August 6, 2021, Plaintiffs will file a motion for summary judgment on all claims brought in the Complaint. Such motion will be accompanied by a memorandum in support not to exceed 40 pages. 2. On or before October 7, 2021, FHWA, the County, and NDDOT will each file their own respective cross-motions for summary judgment on all claims brought in the Complaint. Each such motion will be accompanied by a memorandum, not to exceed 50 pages, both in support of the respective cross-motion and also in response to Plaintiffs’ motion for summary judgment. 3. On or before December 22, 2021, Plaintiffs will file memorandums, not to exceed 30 pages each, or 90 pages for a combined brief to all Defendants, that both reply in support of Plaintiffs’ summary judgment motion and respond to the cross-motions for summary judgment by FHWA, the County, and NDDOT motions. 4. On or before February 4, 2022, FHWA, the County, and NDDOT will each file their own respective replies in support of their respective cross-motion for summary judgment, not to exceed 20 pages. Case 1:19-cv-00285-DMT-CRH Document 46 Filed 07/06/21 Page 2 of 6
3 BRAATEN LAW FIRM Dated: July 1, 2021 By: /s/ Derrick Braaten Derrick Braaten ND Bar ID 06394 109 North 4th Street, Suite 100 Bismarck, ND 58501 (701) 221-2911 derrick@braatenlawfirm.com Attorneys for Plaintiffs NICHOLAS W. CHASE Acting United States Attorney Dated: July 1, 2021 By: /s/ Sarah E. Wall SARAH E. WALL ND Bar ID 07822 JAMES PATRICK THOMAS ND Bar ID 06014 MICHAEL D. SCHOEPF ND Bar ID 07076 Assistant United States Attorneys P.O. Box 699 Bismarck, ND 58502-0699 (701) 530-2420 sarah.wall@usdoj.gov james.p.thomas@usdoj.gov michael.schoepf@usdoj.gov Attorneys for Federal Highway Administration Case 1:19-cv-00285-DMT-CRH Document 46 Filed 07/06/21 Page 3 of 6
4 VOGEL LAW FIRM Dated: July 1, 2021 By: /s/ Tami Norgard Tami Norgard ND Bar ID 05374 Bennett L. Johnson ND Bar ID 08922 218 NP Avenue Fargo, ND 58102 (701) 237-6983 tnorgard@vogellaw.com bjohnson@vogellaw.com Elizabeth Boucher Dawson (DC #230818) Crowell & Moring LLP 1001 Pennsylvania Avenue NW Washington, DC 20004-2595 (202) 624-2500 (t): (202) 628-5116 (f) rmccrum@crowell.com edawson@crowell.com Of Counsel H. Patrick Weir (ND #02740) Billings County State’s Attorney P.O. Box 187 Medora, ND 58645-0187 (701) 623-4465 (t); (701) 623-4896 (f) pweir@nd.gov Attorneys for Billings County, North Dakota Case 1:19-cv-00285-DMT-CRH Document 46 Filed 07/06/21 Page 4 of 6
5 Dated: July 1, 2021 STATE OF NORTH DAKOTA WAYNE STENEHJEM ATTORNEY GENERAL By: /s/ Matthew A. Sagsveen Matthew A. Sagsveen Solicitor General State Bar ID No. 05613 Office of Attorney General 500 North 9th Street Bismarck, ND 58501-4509 Telephone (701) 328-3640 Facsimile (701) 328-4300 masagsve@nd.gov Attorneys for North Dakota Department of Transportation Case 1:19-cv-00285-DMT-CRH Document 46 Filed 07/06/21 Page 5 of 6
6 ORDER The court ADOPTS the parties’ proposed schedule for summary judgment briefing without any additions or modifications. IT IS SO ORDERED. Dated this 6th day of July, 2021. /s/ Clare R. Hochhalter Clare R. Hochhalter, Magistrate Judge United States District Court Case 1:19-cv-00285-DMT-CRH Document 46 Filed 07/06/21 Page 6 of 6
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